The Sunday morning news. [volume] (Jersey City [N.J.]) 1886-1891, 1887-07-17


of freeholders in any such county is here
by empowered to enter upon and take pos
session of said tract or tracts of land fol
the use of the inhabitants of such county
and the said report, or copy thereof, GER
titled to by the clerk of said county, and
proof of payment or tender of the amount
awarded, shall at all times be considered
as plenary evidence of the right of said
board OF chosen freeholders to have, hol1,
use, occupy, possess and enjoy the said
lands; and the said justice of the supreme
court shall, upon the application of either
party, and on reasonable notice to the
others, tax and allow such costs, fees and
expenses to the justice of the supreme
court, commissioners, counsel and other
persons performing any OF the duties pre-
scribed in this or any other section of this
act, as he shall think equitable and right
which shall be paid by the county coIlec-
| tor upon the certificate of such Justice
provi ed, always, that should any such
| board of chosen treeholders or the owner
| or owners of any of the lands feel eggrieved
by the decision of the commissioners afore.
said, he, she or they may appeal to the
circuit court of any such county within
sixty days after the filing of the said report
by the said commissioners. but in case no
such appeal be taken, either by said board
said, then the said board shall be
conclusiyely bound to pay said award
or awards so as aforesaid reported
by said commissioners. and said owner or
owners shall be conclusively bound to ac-
| cept payment Of the amounts so awarded.
and neither said board of chosen free
| holders nor the owner or owners of said
lands shall be allowed to reject the awards
so as aforesaid made, and the owner or
owners shall be entitled to recover the
| amount of said award or awards, with in
terests and costs, in an action of debt
against such board of chosen freeholders
in any court of competent jurisdiction, if
payment be neglected or refused for
thirty days after demand made for the
payment thereof, and said report, or
copy thereof, certified as aforesaid, shall
be plenary evidence of the said owner or
owners night to said recovery.
4. And belt enacted, That every appeal
from the decision of the commissioners ap-
pointed under the preceding section of the
act shall be made in writing and in the
form of petition to said court, and filed
with the clerk of the said circuit court In
and for such county; and notice in writing
of such appeal shall be given to the op-
posite party within ten days after the fling
thereof, which proceeding shall vest ia the
circuit court full right and power to hear
and adjudge the same, aud to direct pro-
per issue for the trial of said controversy
| to be formed between the said parties, and to
order jury to be struck, which, upon de-
mand on either parry, shall b. foreign
Jury, aad view of the premises to b hal,
and the said issue to be tried at such time
! as the said court shall order, upon the like
| notice and in the same manner as other
| issues in the said court are tried; and it
| shall be the duty Of the said jury to assess
| the value of the land and damages sus-
| tanned, and if they shonld ind a greater
! sum than the commissioners shall have
awarded in favor of the said owner or
| owners. then judgment thereon with costs
| shall be entered against the said board of
! chosen freeholders and execution awarded
therefor; but if the said jury shall be APP
! piled fer by the owner or owners and SHALL
| fnd less sum than the said commission
ers shall have awarded, then said costs
shall be paid by the applicant or applicants
| and either deducted GU. of said sum
| found by the said Jury or execution award
| ed therefor, as the said court shall direct;
| but such az plication shall not prevent he
said board of chosen freeholders from
taking the said land upon fling the afore-
said report; provided, that In no case
whatever shall said board of chosen free
| holders enter upon or take possession of
| any land of any person or per 4ons until
| they have paid to the party or PARTIES en-
! titled to receive the same the amount
assessed by the com missioners as the value
, of such land in case the report of he com
missioners is not appealed from, or if the
| same is appealed from, then the amount
which shall be found by the jury by whom
the issue shall be tried; but in case the
! party or parties entitled to receive the
amount assessed by the commissioners in
| case there should be no appeal, and in
| case of appeal the amount found by the
| jury, shall refuse upon tender thereof
| being made, to receive the same, or shall
| be out of the state or under any legal dis
ability, then the payment of the amount
assessed or found as aforesaid into the cir
! cult court of such county shall be deemed
valid and legal payment; and further,
| that the party or parties entitled to re-
ceive the amounts assessed by the COM
missioners may, upon tender thereof
| being made, receive the same without
| being barred thereby from his, her or their
appeal from the report o. the commits
| sioners; and on such tender or pigment of
money into court in case it be refused as
aforesaid, the said board of chosen free
/ holders shall take possession of
the said lands; and provided, fur
tner, that in ease any money paid
iuto court shall belong to any IN
FAINT. iasane person or idiot, said money
shall be paid over by such court to any
guardian appointed to take charge Of such
infant, insane person or idiots estate when
it shall appear to the court that sucn guar
dian has filed good and sufficient bond to
| cover said amount with the court or surro-
gate appointing such guardian, or the
money may, by said court, be ordered to
be invested by the clerk of the court for
the benefit of such infant, insane person
or idiot.
3. And be it enacted, That it shall be
lawful for any such board of chosen free